Sentences with phrase «plurality opinion»

Blackmun's rhetoric appeared again in an important plurality opinion in Planned Parenthood v. Casey in 1992.

This time, I started by loading Chief Justice Roberts» plurality opinion into Word and running WordRake.

In Hamdan, Justice Stevens's four - vote plurality opinion concluded that a stand - alone conspiracy charge was not prosecutable at a military commission because it was not a violation of international law.

In 1992, he joined O'Connor's plurality opinion in Planned Parenthood v. Casey (1992), which reaffirmed in principle (though without many details) the Roe v. Wade decision recognizing the right to abortion under the Due Process Clause of the Fourteenth Amendment.

[4] See, Plurality Opinion of the State Supreme Court, Connecticut Coalition for Justice in Education Funding vs. Rell.

The plurality opinion, signed jointly by three justices appointed by Ronald Reagan and George H.W. Bush, ignited a firestorm of criticism from conservatives.

His plurality opinion in Mitchell declared that, in the educational context, strict separation was «born of bigotry» and thus «should be buried now.»

In upholding the abortion license in the Casey decision, a plurality opinion of Justices Souter, O'Connor, and Kennedy called upon pro-life Americans to stop their resistance to legalized abortion and accept «a common mandate rooted in the Constitution.»

This view is superlatively expressed by the plurality opinion of the three moderate justices in the Supreme Court's 1992 Casey decision: «[I] ntimate and personal choices [are] choices central to personal dignity and autonomy.»

In a gutsy, powerful, plurality opinion, Justice Clarence Thomas cut through the «vast, perplexing desert» of fine lines and distinctions that have plagued this area of the law, and announced a simple and logical rule: the government must be neutral toward religion and religious institutions.

The plurality opinion also includes a plaintive plea to the country to accept the Court's decision in Roe v. Wade and «rare, comparable cases» as intended to take a deeply divisive issue out of politics.

Writing the plurality opinion, then - judge Robert Smith, a Pataki appointee, said there is a line over which a governor might cross in exercising this power.

Two judges — chief judge Judith Kaye and Carmen Ciparick, both appointees of Mario Cuomo — dissented completely with Smith's plurality opinion, which had the support of Pataki - appointed judges Graffeo and Susan Read.

In Parents Involved, Scalia joined the plurality opinion of Roberts, who took the categorical view that race can never be taken into account, even when districts are trying to integrate schools rather than segregate them.

Scalia did not write separately but joined in full the plurality opinion authored by Chief Justice John Roberts.

First, the idea that voluntary integration is inconsistent with Brown, which Roberts suggested in the plurality opinion Scalia joined, is implausible.

(b) The plurality opinion is too dismissive of government's legitimate interest in ensuring that all people have equal opportunity regardless of their race.

In 2007, the U.S. Supreme Court made school integration more difficult when it prohibited the Louisville, Kentucky, and Seattle, Washington, school districts from making racial balance a factor in assigning students to schools in cases where applicant numbers exceeded available seats.1 The plurality opinion by Chief Justice John Roberts called student categorization by race unconstitutional unless it was designed to reverse the effects of explicit rules that segregated students by race.

MR. JUSTICE DOUGLAS, joined by MR. JUSTICE BLACK and MR. JUSTICE MARSHALL, agreed only with that part of the plurality opinion relating to the limitation of federal interest in the facilities to 20 years, concluding that a reversion of a facility at the end of that period to a parochial school would be unconstitutional as a gift of taxpayers» funds.

Rather than a fractured court with all sorts of plurality opinions, each advocating a very strong stance, we have a relatively unified court taking mostly no stance at all (except for a very wishy - washy «presumption may apply»).

Justice O'Connor cited it in the plurality opinion in Hamdi et al. v. Rumsfeld, 542... [more]

Justice O'Connor cited it in the plurality opinion in Hamdi et al. v. Rumsfeld, 542 U.S. 507, 519 (2004), for the proposition that that «captured rebels» would be treated «as prisoners of war».

While there are many competing considerations in every sentencing decision, a sentencing judge must have some understanding of ʺthe diverse frailties of humankind.ʺ See Woodson v. North Carolina, 428 U.S. 280, 304 (1976)(plurality opinion).

The case provided the opportunity to test WordRake against the writing of three justices: the plurality opinion by Chief Justice John G. Roberts Jr., the concurring opinion of Justice Clarence Thomas and the dissent of Justice Stephen G. Breyer.

At 9,000 words, his dissent was a bit shorter than the plurality opinion and much longer than the concurrence.

This Court clearly stated that principle in Croson, see 488 U. S., at 493 - 494 (plurality opinion); id., at 520 - 521 (SCALIA, J., concurring in judgment); see also Shaw v. Reno, 509 U. S. 630, 643 (1993); Powers v. Ohio, 499 U. S. 400, 410 (1991).

See also United States v. Sharpe, 470 U.S. 675, 685 (1985); Florida v. Royer, 460 U.S. 491, 500 (1983)(plurality opinion)(«The scope of the detention must be carefully tailored to its underlying justification.»).

(Earlier here, here, etc.) Justice Kennedy wrote a plurality opinion for three Justices, while Justice Scalia, joined by Justice Thomas, Justice Breyer, and Chief Justice Roberts wrote separate concurring opinions.

Some lower court opinions have said that there is such a right, and a recent four - Justice plurality opinion — authored by Justice Scalia, usually no friend of unenumerated constitutional rights — suggested the same.

In a plurality opinion, the Court attempts to establish limits on the regulatory efforts of the U.S. Army Corps of Engineers («Corps») pursuant to the Clean Water Act («Act»).